Fla. Judge blocks Drug Testing for welfare recipients

[Jackson]

ORLANDO, Fla. (WLS) - A federal judge temporarily blocked Florida's new law that requires welfare applicants to pass a drug test before receiving benefits on Monday, saying it may violate the Constitution's ban on unreasonable searches and seizures.


WLS 890AM

Too bad. I thought it was a smart move.

 

[ClosedCaption]

Rut roh, time to load the "unelected dictators in the black robe" cannon

 

[Political Junky]

Great news.

 

[C_Clayton_Jones]

Too bad. I thought it was a smart move.

Enacting un-Constitutional laws is rarely a ‘smart move.’

Judge Mary Scriven ruled in response to a lawsuit filed on behalf of a 35-year-old Navy veteran and single father who sought the benefits while finishing his college degree, but refused to take the test. The judge said there was a good chance plaintiff Luis Lebron would succeed in his challenge to the law based on the Fourth Amendment, which protects individuals from being unfairly searched.

The drug test can reveal a host of private medical facts about the individual, Scriven wrote, adding that she found it "troubling" that the drug tests are not kept confidential like medical records. The results can also be shared with law enforcement officers and a drug abuse hotline.

"This potential interception of positive drug tests by law enforcement implicates a `far more substantial' invasion of privacy than in ordinary civil drug testing cases," said Scriven, who was appointed by President George W. Bush.

The judge also said Florida didn't show that the drug testing program meets criteria for exceptions to the Fourth Amendment.

If the state believes a citizen is breaking the law, gather evidence of wrong-doing and present it to a neutral magistrate for a warrant.

This isn’t difficult to understand.

 

[Synthaholic]

In Florida's test program for this, only 3% tested positive for drugs. The general population in Florida tests at 11%.

So welfare recipients are 8% less likely to be doing drugs than the rest of the state.

Now, will the wingnuts who proposed this dumbass law now reimburse the taxpayers of Florida for their idiocy?

 

[USArmyRetired]

Why are we not suprised by this Judge doing this to help drug using minorities bilk the taxpayers and putting a drain on the economy? She's a negro. Forced sterilization is the way to go with these type people who are having baby after baby and rewarded with free benefits.


Judge Mary Scriven

 

[Jackson]

You certainly have earned those red medallions, USAR.